SEC. 2836. Free text-books-question submitted. whenever a petition signed by one-third or more of the legal voters, to be determined by the school board of any school corporation, shall be filed with the secretary thirty days or more before the annual meeting of the electors, asking that the question of providing free text-books for the use of pupils in the public schools thereof be sumbitted to the voters at the next annual meeting, he shall cause notice of such proposition to be given in the call for such meeting. [26 G. A., ch. 37, § 1.]

NOTES: 1. Purpose-benefits. These provisions afford all school corporations the opportunity to supply free books, so that every child may continuously enjoy the privileges of school. It is believed that if districts will take action in accordance with the spirit of the law, the percentage of attendance at school can be materially increased, and the usefulness of our schools to all the children greatly enhanced.

2. Rules-importance of. Much of the success of free text-books will depend upon the rules and regulations adopted by the board to govern the use and care of such books. The board should take more than the usual pains to adopt plain, comprehensive, and effective rules for the guidance of all concerned.

SEC. 2837. Loaning-discontinuance. If, at such meeting, a majority of the legal voters present and voting by ballot thereon shall authorize the board of directors of said school corporation to loan textbooks to the pupils free of charge, then the board shall procure such books as shall be needed, in the manner provided by law for the purchase of text-books, and loan them to the pupils. The board shall hold pupils responsible for any damage to, loss of, or failure to return any such books, and shall adopt such rules and regulations as may be reasonable and necessary for the keeping and preservation thereof. Any pupil shall be allowed to purchase any text-book used in the school at cost. No pupil already supplied with text-books shall be supplied with others without charge until needed. The electors may, at any election called as provided in the last section, direct the board to discontinue the loaning of text-books to pupils. [26 G. A., ch. 37, §§ 2-6.]

NOTES: 1. Success of. As much of the success of free text-books will depend upon the rules and regulations adopted by the board to govern the care and use of the books, a board should take more than the usual pains to adopt plain, comprehensive, and effective rules for the guidance of all concerned.

2. Anticipate tax. While the district may contract no debt for the purchase of books, the board may anticipate the levy and collection of taxes certified under section 2825, so as to carry out the instructions of the electors without unnecessary delay.

ADVERTISEMENTS PROHIBITED.

SEC. 5028-s. What prohibited. That no bills, posters or other matter used to advertise the sales of intoxicating liquors and tobacco shall be distributed, posted, painted or maintained within four hundred feet of premises occupied by a public school or used for school purposes, provided, however, that nothing in this act contained shall apply to advertisements in newspapers of regular publication distributed to subscribers or purchasers thereof. [30 G. A., ch. 137, § 1.]

SEC. 5028-t. Penalty. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars or imprisonment in the county jail not exceeding thirty days. [30 G. A., ch. 137, § 2.]

BEQUESTS CORPORATIONS MAY RECEIVE.

SEC. 740. Power to take property by gift or bequest how administered. Counties, cities, towns and school corporations, are authorized to take and hold property, real and personal, derived by gifts and bequests; and to administer the same through their proper officers in pursuance of the terms of the gift or bequest; and when made for the establishment of institutions of learning or benevolence, and there is no provision made in the gift or bequest for the execution of the trust, the court having charge of the probate proceedings in the county shall appoint three trustees, residents of said county, who shall have charge and control the same, and who shall continue to act until removed by the court. And they shall give bond as required in case of executors, to be approved in the same manner as in case of executors' bonds, and said trustees shall be subject to the orders of said court. [28 G. A., ch. 23, § 1; 26 G. A., ch. 20.]

CONSTITUTION OF IOWA

ARTICLE 9.

1. EDUCATION AND SCHOOL LANDS. 2. SCHOOL FUNDS AND SCHOOL LANDS.

SECTION 1. Under control of general assembly. The educational and school fund and lands, shall be under the control and management of the general assembly of this state.

SEC. 2. Permanent fund. The university lands, and the proceeds thereof, and all moneys belonging to said fund shall be a permanent fund for the sole use of the state university. The interest arising from the same shall be annually appropriated for the support and benefit of said university.

SEC. 3. Lands appropriated. The general assembly shall encourage, by all suitable means, the promotion of intellectual, scientific, moral and agricultural improvement. The proceeds of all lands that have been, or hereafter may be, granted by the United States to this state, for the support of schools, which may have been or shall hereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new states, under an act of congress, distributing the proceeds of the public lands among the several states of the Union, approved in the year of our Lord one thousand eight hundred and fortyone, and all estates of deceased persons who may have died without leaving a will or heir, and also such per cent as has been or may hereafter be granted by congress, on the sale of lands in this state, shall be, and remain a perpetual fund, the interest of which, together with all rents of the unsold lands, and such other means as the general assembly may provide, shall be inviolably appropriated to the support of common schools throughout the state.

SEC. 4. Fines, etc., how appropriated. The money which may have been or shall be paid by persons as an equivalent from exemption from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws shall be exclusively applied in the several counties in which such money is paid, or fine collected, among the several school districts of said counties, in proportion to the number of youths subject to enumeration in such districts, to the support of common schools, or the establishment of libraries, as the board of education shall from time to time provide.

(118)

SEC. 5. Proceeds of lands. The general assembly shall take measures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be reserved, or granted by the United States, or any person or persons to this state, for the use of the university, and the funds accruing from the rents or sale of such lands, or from any other source for the purpose aforesaid, shall be, and remain, a permanent fund, the interest of which shall be applied to the support of said university, for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university.

SEC. 6. Agents of school funds. The financial agents of the school funds shall be the same that, by law, receive and control the state and county revenue, for other civil purposes, under such regulations as may be provided by law.

SEC. 7. Distribution. The money subject to the support and maintenance of common schools shall be distributed to the districts in proportion to the number of youths, between the ages of five and twenty-one years, in such manner as may be provided by the general assembly.

An act providing for a different method of distribution of the school fund, held unconstitutional as in conflict with the above section. Dist. Tp. v. County Judge, 13 Iowa, 250.

THE STATE UNIVERSITY.

SECTION 2635. Board of regents-powers. The state university shall be governed by a board of regents, of which the governor and superintendent of public instruction shall be members by virtue of office, and the governor president, which shall meet at such times as it may appoint, and the governor may call special meetings when found expedient, or they may be called by the secretary of the board upon the written request of any three members thereof. It shall elect a secretary and treasurer, who shall hold their offices at the pleasure of the board. It shall have power to appoint a president and the requisite number of professors and tutors, with such other officers as it may deem expedient, and fix the compensation to be paid them, including that of the secretary and treasurer, and the amount to be paid for tuition. It shall have power to remove any officer or employe connected with the university when in its judgment the good of the institution so requires. [21 G. A., ch. 181; 16 G. A., ch. 147; C. '73, §§ 1587, 1590, 1592-3, 1596; R., § 1934.]

SEC. 2639. Apparatus-library-cabinet of natural history. The board of regents may from time to time expend of the income of the university fund such portion as it may find expedient in the purchase of apparatus, library, and a cabinet of natural history, to provide suitable means to preserve and keep the same, and in procuring other necessary

facilities for giving instruction. For the purpose of supplying a cabinet of natural history, all geological and mineralogical specimens which are now or may hereafter be collected by the state geologists, or by others appointed by the state to investigate its natural history and physical resources, shall belong to and be the property of the university, under the charge of the professors of those departments. [C. '73, §§ 1597-8; R., §§ 1931, 1935.]

SEC. 2640. Object-departments-degrees. The university shall never be under the exclusive control of any religious denomination. Its object shall be to provide the best and most efficient means of imparting to men and women, upon equal terms, a liberal education and thorough knowledge of the different branches of literature and the arts and sciences, with their varied applications. It shall include a collegiate, law, and such other departments, with such courses of instruction and elective studies, as the board of regents may determine, beginning the same in its collegiate department, so far as practicable, at the points where the same are completed in high schools; and no one shall be admitted who has not completed the elementary studies in such branches as are taught in the common schools throughout the state. Graduates in each of the several courses shall receive such degrees and diplomas or other marks of distinction as the board of regents may determine and such as are usually conferred and granted by other universities. [C. '73, §§ 1585-6, 1589; R., §§ 1926, 1930; C. '51, § 1020.]

SEC. 2641. Reports. On the first day of October preceding the meeting of the general assembly, the president of the university shall make a report to the board of regents, which shall exhibit the condition and progress of the institution, the different courses of study pursued, the branches taught, the means and methods of instruction adopted, the number of students, their names, classes, and residences, with such other matters as he may regard important. The board of regents, on the fifteenth day of October in each even numbered year, shall make report to the governor, which report shall show the number of professors, tutors, and other officers, the compensation of each, the condition of the university fund, the income received therefrom, the amount of expenditures with the items thereof, and such other information and such recommendations as it shall regard important. [31 G. A., ch. 123; 22 G. A., ch. 82, § 29; C. '73, §§ 1600-1.]

NOTE: Reports. See also section 2682-b, page 125.

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THE STATE COLLEGE OF AGRICULTURE AND MECHANIC ARTS.

Act of Congress, July 2, 1862.

AN ACT donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts.

SECTION 1. That there be granted to the several states for the purpose hereinafter named, an amount of the public land, to be apportioned to each state, a quantity equal to thirty thousand acres for each senator and representative in congress to which the states are respec